REPRESENTATIVES Lendrum, Hollister, Webster, Brinkman, Carmichael, Manning, Damschroder, Redfern, Coates, Schmidt, Hartnett, DePiero, Fessler, G. Smith, Flowers, Collier, Schneider, Widowfield, Grendell, Sferra, Carano, Latell, Key, Barnes, Hagan, Olman, Latta, Woodard, Salerno

To amend sections 4703.32, 4733.01, 4733.02, 4733.021,

1

4733.03, 4733.06, 4733.07, 4733.08, 4733.09,

2

4733.11, 4733.12, 4733.13, 4733.14, 4733.15,

3

4733.18, 4733.19, 4733.20, 4733.22, 4733.23, and

4

4733.27 and to repeal section 4733.24 of the

5

Revised Code to make changes to the engineer and

6

surveyor licensing law.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 4703.32, 4733.01, 4733.02,	8
4733.021, 4733.03, 4733.06, 4733.07, 4733.08, 4733.09, 4733.11,	9
4733.12, 4733.13, 4733.14, 4733.15, 4733.18, 4733.19, 4733.20,	10
4733.22, 4733.23, and 4733.27 of the Revised Code be amended to	11
read as follows:	12

Sec. 4703.32.  (A) No person shall use the title of	13
"landscape architect" or any title, sign, card, or device	14
indicating, or tending to indicate, or represent in any manner	15
that hethe person is a landscape architect, unless hethe person	16
is registered under sections 4703.30 to 4703.49 of the Revised	17
Code, or holds a permit issued under section 4703.39 of the	18
Revised Code.	19

(B) Sections 4703.30 to 4703.49 of the Revised Code, are not	20
intended to restrict or otherwise affect the right of any	21
individual to practice architecture under sections 4703.01 to	22
4703.19 of the Revised Code, or engineering under sections 4733.01	23
to 4733.244733.27 of the Revised Code. This division does not	24
exclude a registered professional engineer or a registered	25
architect from such practice of landscape architecture as is	26
incidental to the practice of engineering or architecture.	27

(C) Sections 4703.30 to 4703.49 of the Revised Code, do not	28
affect the right of any individual to engage in the occupation of	29
growing or marketing nursery stock, or to use the title	30
"nurseryman," "landscape nurseryman," or "landscape contractor,"	31
provided that no individual shall use the title "landscape	32
architect" unless hethe person has complied with sections 4703.30	33
to 4703.49 of the Revised Code.	34

(D) Each landscape architect, upon registration by the state	35
board of landscape architect examiners, may obtain a stamp of the	36
design authorized by the board, bearing the name of the	37
registrant, date of registration, number of certificate, and the	38
legend "registered landscape architect." All professional	39
documents, including maps, plans, designs, drawings,	40
specifications, estimates, and reports, issued by a registrant may	41
be stamped only while the registrant's certificate is in full	42
force and effect.	43

Sec. 4733.01.  As used in this chapter:

44

(A) "Professional engineer" means a person registered as a	45
professional engineer under this chapter.	46

(B) "Engineer" means a graduate of an accredited engineering	47
curriculum or a curriculum that becomes an accredited engineering	48
curriculum or a person registered as a professional engineer under	49
this chapter, or both.	50

(C) "Accredited engineering curriculum" means an engineering	51
curriculum accredited by the engineering accreditation commission	52
of the accreditation board for engineering and technology.	53

(D) "The practice of engineering" includes any professional	54
service, such as consultation, investigation, evaluation,	55
planning, design, or inspection of construction or operation, for	56
the purpose of assuring compliance with drawings or specifications	57
in connection with any public or privately owned public utilities,	58
structures, buildings, machines, equipment, processes, works, or	59
projects in the proper rendering of which the qualifications of	60
section 4733.11 of the Revised Code are required to protect the	61
public welfare or to safeguard life, health, or property.	62

(E) "Professional surveyor" means a person who engages in the	63
practice of that branch of engineering commonly known as surveying	64
and who is registered as a professional surveyor under this	65
chapter.	66

(F) "Practice of surveying" means that branch of engineering	67
which includes any professional service whichthat requires the	68
application of special knowledge of the principles of mathematics,	69
the related physical and applied sciences, and the relevant	70
requirements of law for the adequate performance of the art of	71
surveying, including, but not limited to, measuring the area or	72
the contours of any portion of the earth's surface, the lengths	73
and directions of the bounding lines, and the contour of the	74
surface, for their correct determination and description and for	75
conveyancing for recording, or for the establishment or	76
re-establishment of land boundaries and the platting of lands and	77
subdivisions; and like measurements and operations involved in the	78
surveying of mines, commonly known as "mine surveying."	79

Sec. 4733.02.  Any person practicing or offering to practice	80
the profession of engineering or of surveying shall be registered	81
or exempted under this chapter. No person shall practice or offer	82
to practice the profession of engineering or of surveying, or	83
contract for such services, or use the initials P.E. or P.S. in	84
connection with histhe person's name, or use in connection with	85
histhe person's name or otherwise assume, use, or advertise any	86
title or description tending to convey the impression that hethe	87
person is a professional engineer or a professional surveyor,	88
unless such person has been registered or exempted under this	89
chapter.	90

Sec. 4733.021.  (A) Except for an individual who, as part of	91
his employer'sthe internal classification system of the	92
individual's employer, uses the title "engineer" by itself or in	93
conjunction with another term described in division (B) of this	94
section and who does not represent himselfthe individual's self	95
to the public or otherwise advertise himselfthe individual's self	96
as an engineer, no individual shall, in connection with histhe	97
individual's name, assume, use, or advertise:	98

(1) The title "engineer" by itself unless hethe individual	99
is an engineer;	100

(2) The title "engineer" in conjunction with another term	101
that modifies the title "engineer" in a manner whichthat conveys	102
the impression that hethe individual is a graduate of an	103
accredited engineering curriculum unless hethe individual is a	104
graduate of an accredited engineering curriculum.	105

(B) Terms used in conjunction with the title "engineer"	106
under division (A)(2) of this section that imply a person is a	107
graduate of an accredited engineering curriculum include the	108
following: "aerospace," "agricultural," "civil," "chemical,"	109
"computer," "electrical," "industrial," "mechanics," "mechanical,"	110
"metallurgical," "mining," "naval architectural and marine,"	111
"nuclear," and any other term commonly used by an institution of	112
higher learning to apply to graduates of an accredited engineering	113
curriculum.	114

(C) Nothing in this section shall be interpreted as	115
prohibiting the use, assumption, or advertisement of the title	116
"steam engineer" or "stationary engineer," by or on behalf of a	117
person licensed under Chapter 4739. of the Revised Code, or the	118
term "railroad engineer" or "locomotive engineer," by or on behalf	119
of a person authorized to operate a railroad locomotive, or the	120
term "operating engineer," by or on behalf of a person who	121
operates, maintains, repairs, or manufactures light or heavy	122
construction equipment.	123

Sec. 4733.03.  A state board of registration for professional	124
engineers and surveyors is hereby created to administer sections	125
4733.01 to 4733.23 of the Revised Codethis chapter. The board	126
shall consist of four professional engineers,at least one of whom	127
also is a professional surveyor, and one professional surveyor.	128
Members shall be appointed by the governor, with the advice and	129
consent of the senate. Terms of office shall be for five years,	130
commencing on the twenty-fifth day of September and ending on the	131
twenty-fourth day of September. Each member shall hold office	132
from the date of his appointment until the end of the term for	133
which he was appointed. Any member appointed to fill a vacancy	134
occurring prior to the expiration of the term for which histhe	135
member's predecessor was appointed shall hold office for the	136
remainder of suchthat term. Any member shall continue in office	137
subsequent to the expiration date of histhe member's term until	138
histhe member's successor takes office, or until a period of	139
sixty days has elapsed, whichever occurs first. Appointments to	140
the board shall be so limited that no more than one member shall	141
have served more than two consecutive terms. Every member of the	142
board shall receive a certificate of his appointment from the	143
governor and before beginning histhe member's term of office	144
shall file with the secretary of state histhe member's written	145
oath or affirmation for the faithful discharge of his official	146
dutyduties. The governor may remove any member for misconduct,	147
incompetency, neglect of duty, or for other sufficient cause.	148

Sec. 4733.06.  The state board of registration for	149
professional engineers and surveyors shall hold at least two	150
regular meetings each year. Special meetings shall be held at	151
suchthe time asprovided in the bylaws of the board may provide.	152
Notice of all meetings shall be given in suchthe manner as	153
provided for in the bylaws may provide. The board shall elect or	154
appoint annually from its members, the following officers: a	155
chairmanchairperson, a vice-chairmanvice-chairperson, and a	156
secretary. The board annually shall appoint an executive director.	157
A quorum of the board shall consist of not less than three	158
members, and no action at any meeting shall be taken without at	159
least three votes being in accord.	160

The secretaryexecutive director shall keep a true and	161
complete record of all proceedings of the board, and may employ	162
such clerical assistanceassistants as the board may deem	163
necessary.	164

Sec. 4733.07.  The state board of registration for	165
professional engineers and surveyors shall adopt all necessary	166
rules, regulations, and bylaws, in accordance with Chapter 119. of	167
the Revised Code, and not inconsistent with sections 4733.01 to	168
4733.23 of the Revised Codethis chapter, and the constitutions	169
and laws of this state or of the United States, to govern its	170
times and places of meetings for organization and reorganization,	171
for the holding of examinations, for fixing the length of terms of	172
its officers, and for governing all other matters requisite to the	173
exercise of its powers, the performance of its duties, and the	174
transaction of its business. The board shall adopt and have an	175
official seal. The board shallmay include among the rules adopted	176
governing the standards of practice of engineering, requirements	177
regarding financial responsibility and professional liability	178
insurance.	179

In carrying this chapter into effect sections 4733.01 to	180
4733.23 of the Revised Code, the board may hold hearings in	181
accordance with sections 119.01 to 119.13 of the Revised Code.	182

Sec. 4733.08.  All receipts of the state board of	183
registration for professional engineers and surveyors shall be	184
deposited in the state treasury to the credit of the occupational	185
licensing and regulatory fund. All vouchers of the board shall be	186
approved by the board chairperson or executive secretarydirector,	187
or both, as authorized by the board. The executive secretary	188
director and any clerical or other assistant of the board whom it	189
may designate shall give a surety bond to this state in such sum	190
as the board determines. The premiums on the bonds shall be	191
regarded as a proper and necessary expense of the board, and shall	192
be paid in the same manner as other expenditures of the board. The	193
executive secretarydirector shall receive an amount fixed	194
pursuant to section 124.152 of the Revised Code in addition to the	195
expenses provided for in section 4733.05 of the Revised Code. The	196
board may employ such clerical or other assistants as are	197
necessary for the proper performance of its work and may make	198
expenditures for any purpose which in the opinion of the board is	199
reasonably necessary for the proper performance of its duties.	200

Sec. 4733.09.  The state board of registration for	201
professional engineers and surveyors shall keep a record of its	202
proceedings and a record of all applications for registration.	203

The registration record shall show:

204

(A) The name, age, and residence of each applicant;

205

(B) The date of the application;

206

(C) The place of business of such applicant;

207

(D) His educational and other qualifications;

208

(E) Whether or not an examination was required;

209

(F) Whether the applicant was rejected;

210

(G) Whether a certificate of registration was granted;

211

(H) The date of the action of the board;

212

(I) Such other information as may be deemed necessary by the	213
boardOn an application provided by the board, applicants shall	214
provide information under oath, including the applicant's	215
education and experience sufficient for the board to evaluate the	216
credentials of the applicant pursuant to section 4733.11 of the	217
Revised Code.	218

The records of the board shall be prima-facie evidence of its	219
proceedings and a transcript thereof, duly certified by the	220
secretaryexecutive director under seal, shall be admissible in	221
evidence as if the original were produced.	222

Annually, as of the first day of July, the board shall submit	223
to the governor a report of its transactions of the preceding	224
year, and shall also transmit to himthe governor a complete	225
statement of the receipts and expenditures of the board, attested	226
by affidavits of its chairmanchairperson and its secretary	227
executive director.	228

Sec. 4733.11. Except as provided in divisions (A)(2),	229
(B)(3), and (4) of this section, the following shall be considered	230
as minimum evidence satisfactory to the(A)The state board of	231
registration for professional engineers and surveyors that the	232
shall consider an applicant isto be qualified for registration as	233
a professional engineer, or professional surveyor, respectivelyif	234
an applicant satisfies all of the requirements listed in either	235
division (A)(1) or (2) of this section as follows:	236

(A) As a professional engineer, either by:

237

(1)(a) Graduation from an approvedaccredited engineering	238
curriculum in engineering of four years or more in a recognized	239
school or college of engineering and a;	240

(b) A specific record of an additional four years or more of	241
practical experience in engineering work completed in addition to,	242
and not overlapping in time, any school work completed under	243
division (A)(1)(a) of this section that is acceptable to the	244
board, not more than two years of which may be before graduation	245
but after the completion of the second year of college, indicating	246
that the applicant is competent to be placed in responsible charge	247
of such work and passing;	248

(c)Passing the prescribed written, or written and oral	249
examination;examinations under divisions (A) and (B) of section	250
4733.13 of the Revised Code.	251

(2) A record of eight years or more of practical engineering	252
experience of a character and grade acceptable to the board, at	253
least four years of said experience to be of a quality equivalent	254
to the education required in division (A)(1) of this section, and	255
an additional four years of practical experience in engineering	256
work of a nature indicating that the applicant is competent to be	257
placed in responsible charge of such work and passing the	258
prescribed written, or written and oral examination in	259
engineering. Applications filed after December 31, 1975, under	260
this subdivision shall not be considered as meeting the minimum	261
requirements for registration as a professional engineer. The	262
provisions of this paragraph do not affect professional surveyors	263
or persons seeking registration as professional surveyors in any	264
way either before or after December 31, 1975. Neither do these	265
provisions affect persons who are already registered, or persons	266
who have their application on file to become registered by	267
December 31, 1975 as professional engineers.	268

(3) The board may issue a certificate of registration as a	269
professional engineer to a person who is possessed of eminent and	270
recognized standing in the engineering field, provided the person	271
passes a special written, or written and oral examination, in lieu	272
of the examination prescribed in section 4733.13 of the Revised	273
Code, which special examination shall be designed to test the	274
applicant's knowledge, skill, and experience in his field of	275
engineering practice and provided the person has graduated from an	276
approved curriculum in engineering of four years or more in a	277
recognized school or college of engineering or has graduated from	278
an approved curriculum of four years or more in the physical or	279
engineering sciences, is not less than forty-five years of age,	280
and has a record of not less than twenty years lawful practice of	281
engineering, of which at least ten years has been in responsible	282
charge of outstanding engineering work, of a character acceptable	283
to the board.	284

(4) An applicant, having satisfactorily completed four	285
academic years or more(a)Graduation from a college curriculum in	286
engineering that is not approved by the engineering accreditation	287
commission of the accreditation board for engineering and	288
technology, or graduation from a college curriculum in engineering	289
technology, or in a related science approved by the board and	290
eightthat is accredited by the technical accreditation commission	291
of the accreditation board for engineering and technology;	292

(b) Eight years or more of progressivepractical experience	293
in engineering work completed in addition to, and not overlapping	294
in time, any school work completed under division (A)(2)(a) of	295
this section that is acceptable to the state board of registration	296
for professional engineers and surveyors, not more than two years	297
of which may be before college graduation but after completion of	298
the second year of college, indicating that the applicant is	299
competent to be placed in responsible charge of such work and	300
passing;	301

(c)Passing the prescribed written, or written and oral,	302
examinationexaminations under divisions (A) and (B) of section	303
4733.13 of the Revised Code.	304

(B) AsThe state board of registration for professional	305
engineers and surveyors shall consider an applicant to be	306
qualified for registration as a professional surveyor, either by	307
if the applicant satisfies all of the requirements listed in	308
either division (B)(1) or (2) of this section as follows:	309

(1)(a) Graduation from an approved curriculum in surveying	310
of four years or more in a recognized school or college, and a;	311

(b)A specific record of an additional four years or more of	312
surveying office and field experience completed in addition to,	313
and not overlapping in time, any school work completed under	314
division (B)(1)(a) of this section that is of a character	315
acceptable to the board, at least two years of which shall be	316
after college graduation, with at least two of thesethe four	317
years in responsible charge of this work in the surveying of land	318
boundaries under the direct supervision of a professional	319
surveyor, and passingwho may indicate in writing that the	320
applicant is competent to be placed in responsible charge of the	321
work;	322

(c)Passing the prescribed written, or written and oral,	323
examination;examinations under divisions (A) and (C) of section	324
4733.13 of the Revised Code.	325

(2)(a) Graduation from an approvedaccredited curriculum in	326
civil engineering of four years or more in a recognized school or	327
college, successful;	328

(b) Successful completion of at least twenty-four quarter	329
hours, or equivalent semester or trimester hours, of approved	330
surveying courses in surveying directly and mapping arts and	331
sciences, except that courses successfully completed as prior	332
studies may be credited by the board toward this requirement, of	333
which at least eight quarter hours, or equivalent semester or	334
trimester hours, are in property surveying, and aof land	335
boundaries;	336

(c)A specific record of an additional four years or more of	337
surveying office and field experience completed in addition to,	338
and not overlapping in time, any school work completed under	339
division (B)(2)(a) of this section that is of a character	340
acceptable to the board, at least two years of which shall be	341
after college graduation, with at least two of thesethe four	342
years in responsible charge of this work in surveying of land	343
boundaries under the direct supervision of a professional	344
surveyor, and passingwho may indicate in writing that the	345
applicant is competent to be placed in responsible charge of the	346
work;	347

(d)Passing the prescribed written, or written and oral,	348
examination;examinations under divisions (A) and (C) of section	349
4733.13 of the Revised Code.	350

(3) Graduation from an approved curriculum in engineering	351
and surveying of four years or more in a recognized school or	352
college of engineering and a specific record of an additional four	353
years or more of practical experience in engineering and surveying	354
work, indicating that the applicant is competent to be placed in	355
responsible charge of such work and passing the prescribed	356
written, or written and oral, examination;	357

(4) A record of eight years or more of practical engineering	358
and surveying experience of a character and grade acceptable to	359
the board, at least four years of that experience to be of a	360
quality equivalent to the education required in division (B)(3) of	361
this section, and an additional four years of practical experience	362
in engineering and surveying work of a nature indicating that the	363
applicant is competent to be placed in responsible charge of such	364
work, and passing the prescribed written, or written and oral,	365
examination in surveying. Applications filed after December 31,	366
1992, under divisions (B)(3) and (4) of this section shall not be	367
considered as meeting the minimum requirements for registration as	368
a professional surveyor. This division does not affect persons	369
who are already registered, or persons who have their applications	370
on file to become registered by December 31, 1992, as professional	371
surveyors.	372

(5) The board may issue a certificate of registration as a	373
professional surveyor to a person who is possessed of eminent and	374
recognized standing in the surveying field, provided the person	375
passes a special written, or written and oral, examination, in	376
lieu of the prescribed examination, which special examination	377
shall be designed to test the applicant's knowledge, skill, and	378
experience in his field of surveying practice and provided the	379
person has graduated from an approved curriculum in surveying and	380
engineering of four years or more in a recognized school or	381
college, or has graduated from an approved curriculum of four	382
years or more in surveying and the physical or engineering	383
sciences, is not less than forty-five years of age, and has a	384
record of not less than twenty years' lawful practice of	385
surveying, of which at least ten years has been in responsible	386
charge of important and outstanding surveying work of a character	387
acceptable to the board.	388

(C) Engineering experience, for a professional engineer's	389
practical experience requirement, or surveying experience, for a	390
professional surveyor's practical experience requirement, in any	391
of the armed forces of the United States or civilian war services	392
shallmay be credited for registration,if the experience is	393
acceptable to the board.	394

(D) As used in this section "an approved curriculum in	395
engineering" is one which has been accredited by the engineering	396
accreditation commission of the accreditation board for	397
engineering and technology or one which has been approved by the	398
state board of registration for professional engineers and	399
surveyors as having satisfactory standing, and a "recognized	400
school or college of engineering" means any college or university	401
offering an approved curriculum in engineering. As used in this	402
section, "an approved curriculum in surveying" is one which has	403
been accredited by the related accreditation committee of the	404
accreditation board for engineering and technology or one which	405
has been approved by the state board of registration for	406
professional engineers and surveyors.	407

(E) No person is eligible for registration as a professional	408
engineer, or professional surveyor, who is not of good character	409
and reputation.	410

(F) In considering the qualifications of applicants,	411
responsible charge of engineering or surveying teaching may be	412
construed as responsible charge of engineering or surveying work,	413
respectively. The satisfactory completion of each year of an	414
approved curriculum in engineering and surveying in a school or	415
college approved by the board as having satisfactory standing,	416
without graduation, shall be considered as equivalent to a year of	417
experience for surveying applicants only. No applicant shall	418
receive credit for more than six years of engineering or surveying	419
experience because of educational qualifications. The mere	420
execution, as a contractor, of work designed by a professional	421
engineer or professional surveyor, or the supervision of the	422
construction of such work as a foreman or superintendent is not	423
deemed to be practical experience in engineering or surveying	424
work; unless such work involves engineering or surveying	425
practices, or the applicant presents evidence of additional	426
engineering or surveying experience, indicating that the applicant	427
is competent to be placed in responsible charge of engineering	428
work.	429

Applications filed after December 31, 1992, under division	430
(F) of this section shall not be considered as meeting the minimum	431
requirements for registration as a professional surveyor. This	432
paragraph does not affect persons who are already registered, or	433
persons who have their applications on file to become registered	434
by December 31, 1992, as professional surveyors.	435

(G) Except as provided in section 4733.19 of the Revised Code	436
and divisions (A)(3) and (B)(5) of this section, everyEvery	437
person applying for a certificate of registration as a	438
professional engineer or professional surveyor shall be required	439
to pass a written, or written and oral,the fundamentals	440
examination and the principles and practice examination as	441
provided in section 4733.13 of the Revised Code. In addition to	442
passing theeach requisite examination he,each applicant must	443
submit evidence, satisfactory to the board, that hethe applicant	444
has completed the eight years of training and practical experience	445
or eight years of practical experience required in division	446
(A)(1), (2), (B)(1), (2), (3), or (4) of this section.	447

(H) The board may permitshall require the applicant for a	448
certificate of registration as a professional engineer or	449
professional surveyor to take the prescribed examination in two	450
stagesexaminations. The first stage of the examination,known as	451
the fundamentals examination, may be taken by the applicant at any	452
time after hethe applicant has completed four years of the	453
required education and practical experienceunder division (A) or	454
(B) of this section, or, at the discretion of the board, an	455
applicant may be permitted to take the first stage of the	456
examination during the applicant's concluding term of an approved	457
curriculum in engineering or surveying of four years or more in a	458
recognized school or college of engineering.	459

(I) The first stage of the examination shall conform to	460
section 4733.13 of the Revised Code.	461

(J) When the applicant has passed the first stage of the	462
fundamentals examination he,the applicant shall be given an	463
appropriate certificate by the board showing histhe applicant's	464
status as an engineer intern or surveyor in trainingintern.	465

(K) The second stage of the examination shall conform to	466
division (B) of section 4733.13 of the Revised Code.	467

(L)(J) The applicant is not eligible to take the second	468
stage of the examination,known as the principles and practice	469
examination, until hethe applicant has satisfactorily completed	470
the requirements in division (A)(1), (2), (B)(1), (2), (3), or (4)	471
of this section and has passed the first stage of thefundamentals	472
examination. An applicant must take and pass the first stage of	473
the examination before being eligible to take the second stage of	474
the examination.	475

(M)(K) Any person having the necessary qualifications to	476
entitle himthe person to registration is eligible for such	477
registration though hethe person may not be practicing histhe	478
person's profession at the time of making his application.	479

Sec. 4733.12.  (A) Applications for registration as a	480
professional engineer or professional surveyor shall be on forms	481
prescribed and furnished by the state board of registration for	482
professional engineers and surveyors, shall contain statements	483
made under oath setting forth the applicant's education,and a	484
detailed summary of his technical work, and the branch in which he	485
specializesthe applicant's engineering or surveying experience as	486
appropriate, and shall contain not less than five references, of	487
whom three or more shall be professional engineers or professional	488
surveyors having personal knowledge of histhe applicant's	489
engineering or surveying experience. The application shall be	490
accompanied by ana nonrefundable application fee, which shall be	491
established by the board at an amount adequate to cover the costs	492
of processing the application.	493

TheA nonrefundable examination fee for professional	494
engineers or professional surveyors, which shall accompany the	495
"notice of intention" for each scheduled first stagefundamentals	496
or principles and second stagepractice examination, shall be	497
established by the board at an amount adequate to cover the	498
expense of procuring, administering, and grading the examination	499
examinations. TheA nonrefundable registration fee, which shall be	500
paid after the applicant has passed both examinations, shall be	501
established by the board at an amount adequate to cover the	502
expense of issuing a certificate of registration.	503

The examination fee for professional surveyors, which shall	504
accompany the "notice of intention" for each scheduled first stage	505
and second stage examination, shall be established by the board at	506
an amount adequate to cover the expense of procuring,	507
administering, and grading the examination. The registration fee,	508
which shall be paid after the applicant has passed both	509
examinations, shall be established by the board at an amount	510
adequate to cover the expense of issuing a certificate of	511
registration.	512

(B) The board shall establish thea fee for a certificate of	513
authorization issued under division (F) of section 4733.16 of the	514
Revised Code in an amount not to exceed fifty dollars and thea	515
fee for annual renewal of a certificate of authorization, not to	516
exceed twenty-five dollars. The fee for a duplicate certificate	517
of authorization is five dollars.	518

Sec. 4733.13.  (A) When written or written and oral	519
examinations are required as provided by section 4733.11 of the	520
Revised Code, they shall be held at sucha time and place as	521
specified by the state board of registration for professional	522
engineers and surveyors specifies in rules adopted pursuant to	523
section 4733.03 of the Revised Code. The examination for	524
engineering and the methods of procedureexaminations shall test	525
the engineering applicant's knowledge to perform engineering	526
professional engineering or surveying services and to design and	527
supervise engineering works, which shall insure the safety of	528
life, health, and property, except as otherwise provided in	529
division (A)(3) of section 4733.11 of the Revised Code. The first	530
stage. An examination referred to as the fundamentals of	531
engineering or as the fundamentals of surveying examination shall	532
test the applicant's knowledge of the fundamentals of engineering.	533
The board may examine the applicant's knowledge of subjects as the	534
board selects from the published curricula of the engineering	535
colleges in Ohio which have been approved by the boardor	536
surveying as appropriate.	537

(B) For the second stageAn examination referred to as the	538
principles and practice of engineering examination in engineering	539
the applicant shall be examined intest the applicant's knowledge	540
of the major branch or branches of engineering in which hethe	541
applicant specializes. For the purpose of this section, the major	542
branches of engineering are all those branches in which	543
engineering degrees are conferred by any of the approved	544
engineering colleges of this state. Applicants who specialize in	545
a subbranch of engineering shall be examined in that major branch	546
of engineering of which such subbranch forms a partexaminations	547
are offered by the board or the national council of examiners for	548
engineering and surveying.	549

(C) The examinations for surveying shall test the applicant's	550
knowledge and ability to perform surveying services which affect	551
the safety of life, health, and property, except as otherwise	552
provided in division (B)(3) of section 4733.11 of the Revised	553
Code. The first stage examination shall test the applicant's	554
knowledge of the fundamentals of surveying.	555

(D) For the second stageA principles and practice of	556
surveying examination in surveying, the applicant shall be	557
examined intest the applicant's knowledge of surveying and the	558
laws and practices applicable to the state of Ohio.	559

(E)(D) An applicant failing an examination may apply for	560
re-examination. One re-examination only will be granted an	561
applicant in any calendar year. The fee for each re-examination	562
shall be the same as the regular examination fee.	563

Sec. 4733.14.  The state board of registration for	564
professional engineers and surveyors shall issue a certificate of	565
registration, upon payment of the registration fee to any,	566
register and issue a certificate showing initial registration of	567
an applicant who, in the opinion of the board, has satisfactorily	568
met all the requirements of sections 4733.01 to 4733.23 of the	569
Revised Codethis chapter. In the case of a registered	570
professional engineer, the certificate shall authorize the	571
practice of "professional engineering," and in the case of a	572
registered professional surveyor, the certificate shall authorize	573
the practice of "professional surveying." Each registrant of this	574
state who holds an unrevoked or unexpired certificate of	575
registration as a professional engineer or professional surveyor	576
in any branch of engineering or surveying on November 1, 1953, is	577
entitled to all the rights and privileges of a registered	578
professional engineer or professional surveyor while the said	579
certificate remains unrevoked or unexpired. Certificates of	580
registration shall show the full name of the registrant, shall	581
have a serial number, and shall be signed by the chairman	582
chairperson and the secretary of the board under seal of the	583
board.	584

The issuance of a certificate of registrationRegistration by	585
the board shall be evidence that the person named therein is	586
entitled to all the rights and privileges of a registered	587
professional engineer, or of a registered professional surveyor,	588
while the said certificateregistration remains unrevoked or	589
unexpired.	590

Each registrant may, upon completing registration, obtain a	591
seal of the design authorized by the board, bearing the	592
registrant's name and the legend, "registered professional	593
engineer," or "registered professional surveyor," provided,	594
however, that any registered surveyor's seal obtained prior to the	595
amendment of this section effective April 4, 1985, 140 Ohio Laws	596
4092, shall remain as a legal seal for any registrant who was	597
registered as a "registered surveyor." Plans, specifications,	598
plats, and reports,and all other engineering or surveying work	599
products issued by a registrant shall be stamped with the seal	600
during the life of the registrant's certificateor bear a	601
computer-generated seal in accordance with this section, and be	602
signed and dated by the registrant, but no person shall stamp or,	603
seal,or sign any documents with said seal after the certificate	604
registration of the registrant named thereon has expired or the	605
registration has been revoked or suspended, unless said	606
certificatethe registration has been renewed or reissued.	607

Except when documents are transmitted electronically to	608
clients or to governmental agencies, computer-generated seals may	609
be used on final original drawings on the condition that a	610
handwritten signature and date is placed adjacent to or across the	611
seal. Plans, specifications, plats, reports, and all other	612
engineering or surveying work products that are transmitted	613
electronically to a client or a governmental agency shall have the	614
computer-generated seal removed from the electronic file before	615
transmittal. An electronic transmission with no	616
computer-generated seal shall have the following inserted in place	617
of the signature and date: "This document was originally issued by	618
.................... (name of registrant) on .......... (date).	619
This document is not considered a sealed document."	620

Sec. 4733.15.  (A) Certificates of registration expire	621
Registration expires annually on the last day of December	622
following their issuanceinitial registration or renewal of	623
registration and becomebecomes invalid on that date unless	624
renewed pursuant to this section and the standard renewal	625
procedure of sections 4745.01 to 4745.03 of the Revised Code.	626
Renewal may be effected at any time prior to the date of	627
expiration for a period of one year by the applicant's paying to	628
the treasurer of state a fee of sixteen dollars for a renewal of a	629
certificate of registration as either a professional engineer or	630
professional surveyor, and twenty-one dollars for the renewal of	631
the certificates of an individual who is registered as both a	632
professional engineer and professional surveyor. The failure on	633
the part of any registrant to renew a certificate prior to	634
expiration whenWhen notified as required in this section, a	635
registrant's failure to renew registration shall not deprive such	636
personthe registrant of the right of renewal within the following	637
twelve months, but the fee to be paid for the renewal ofrenew a	638
certificateregistration within twelve months after expiration	639
shall be increased fifty per cent. The state board of	640
registration for professional engineers and surveyors may, upon	641
request, waive the payment of the renewal fees of a registrant	642
during the period when the registrant is on active duty in	643
connection with any branch of the armed forces of the United	644
States.	645

(B) Each certificate of authorization issued pursuant to	646
section 4733.16 of the Revised Code shall authorize the holder to	647
provide professional engineering andor professional surveying	648
services, through the registered professional engineer or	649
professional surveyor designated as being in responsible charge of	650
the professional engineering andor professional surveying	651
practice, from the date of issuance until the last day of June	652
next succeeding the date upon which the certificate was issued,	653
unless the certificate has been revoked or suspended for cause as	654
provided in section 4733.20 of the Revised Code or has been	655
suspended pursuant to section 3123.47 of the Revised Code.	656

(C) If a certificate is not reneweda registrant fails to	657
renew registration within one year from the date of expiration,	658
its renewal may be effected under rules promulgated by the board	659
regarding requirements for reexamination or reapplication, and	660
reinstatement penalty fees.	661

Sec. 4733.18.  (A) The state board of registration for	662
professional engineers and surveyors may issueauthorize a	663
temporary certification to individuals under the following	664
conditions and qualifications:	665

(1) A person not a resident of and having no established	666
place of business in this state, practicing or offering to	667
practice the profession of engineering or surveying in Ohio, when	668
such practice does not exceed sixty continuous calendar days in	669
any calendar year; provided such person is legally qualified by	670
registration to practice the said profession in the person's own	671
state in which the requirements and qualifications for obtaining a	672
certificate of registration are not lower than those specified in	673
this chapter. The board shall establish the fee for a temporary	674
certificate of registration issued under division (A)(1) of this	675
section.	676

(2) A person not a resident of and having no established	677
place of business in this state, or who has recently become a	678
resident thereof, practicing or offering to practice herein for	679
more than sixty days in any calendar year the profession of	680
engineering or surveying, if the personregistration in the case	681
of an individual who has filed with the state board of	682
registration for professional engineers and surveyors an	683
application for a certificate oftemporary registration and has	684
paid the required fee, such.The temporary certificate of	685
registration to continuecontinues only for suchthe time as the	686
board requires for the consideration of the application for	687
registration;, provided such a person is legally qualified to	688
practice that profession in the person's own state in which the	689
requirements and qualifications for obtaining a certificate of	690
registration are not lower than those specified in sections	691
4733.01 to 4733.23 of the Revised Code;this chapter.	692

(B)(1) The following persons are exempt from sections	693
4733.01 to 4733.21 of the Revised Codethis chapter:	694

(1)(a) An employee or a subordinate of a person holding a	695
certificate of registrationregistered under this chapter or an	696
employee of a person holding temporary certificationregistration	697
under division (A)(1) of this section or exempted from	698
registration by division (A)(2) of this section;, provided the	699
employee's or subordinate's duties do not include responsible	700
charge of engineering or surveying work;	701

(2)(b) Officers and employees of the government of the	702
United States while engaged within this state in the practice of	703
engineering or surveying, for that government;	704

(3)(c) An engineer engaged solely as an officer of a	705
privately owned public utility.	706

(4)(2) This chapter does not require registration for the	707
purpose of practicing professional engineering, or professional	708
surveying by an individual, firm, or corporation on property owned	709
or leased by that individual, firm, or corporation unless the same	710
involves the public welfare or the safeguarding of life, health,	711
or property, or for the performance of engineering or surveying	712
which relates solely to the design or fabrication of manufactured	713
products.	714

(C) Nothing in this chapter prevents persons other than	715
engineers from preparing plans, drawings, specifications, or data,	716
from filing applications for building permits, or from obtaining	717
those permits for buildings or structures that are exempted from	718
the requirements of sections 3781.06 to 3781.18 and 3791.04 of the	719
Revised Code, that are subject to the requirements of section	720
3781.181 of the Revised Code, that are erected as one-, two-, or	721
three-family units or structures within the meaning of the term	722
"industrialized unit" as provided in section 3781.06 of the	723
Revised Code.	724

(D) Nothing in this chapter prevents persons other than	725
engineers from preparing drawings or data, from filing	726
applications for building permits, or from obtaining those permits	727
for the installation of replacement equipment or systems that are	728
similar in type or capacity to the equipment or systems being	729
replaced, and for any improvement, alteration, repair, painting,	730
decorating, or other modification of any buildings or structures	731
subject to sections 3781.06 to 3781.18 and 3791.04 of the Revised	732
Code where the building official determines that no plans or	733
specifications are required for approval.	734

Sec. 4733.19. (A) Except as provided in division (B) of	735
this section:	736

(1) A person holding a certificate of registration	737
registered or licensed to engage in the practice of engineering or	738
surveying issued to him by a proper authority of a state,	739
territory, or possession of the United States, or the District of	740
Columbia, who, in the opinion of the state board of registration	741
for professional engineers and surveyors, meets the requirements	742
of sections 4733.01 to 4733.23 of the Revised Codethis chapter,	743
based on verified evidence, may, upon application and payment of	744
the established fee, be registered without further examination.	745

(2) A person holding a certificate of qualification issued	746
by the national council of engineering examiners committee on	747
national engineering certification, whose qualifications, in the	748
opinion of the board, meet the requirements of sections 4733.01 to	749
4733.23 of the Revised Code, may upon application and payment of	750
the established fee, be registered without further examination.	751

(B) Any person who seeks registration as a professional	752
surveyor under division (A) of this section must pass a four-hour	753
two-hour professional practice examination, devoted to the laws	754
and practices of this state prior to receiving such registration.	755

Sec. 4733.20.  (A) ThePursuant to this section, the state	756
board of registration for professional engineers and surveyors may	757
fine, revoke, suspend, refuse to renew, or limit the certificate	758
of registration of any registrant or the certificate of	759
authorization of any holder of such certificate, or reprimand or,	760
place on probation the holder of a certificate of registration or	761
the holder of a,deny an applicant the opportunity to sit for an	762
examination or to have an examination scored, or impose any	763
combination of these disciplinary measures on any applicant or	764
registrant, or revoke the certificate of authorization who isof	765
any holder found guilty ofto be or to have been engaged in any	766
one or more of the following acts or practices:	767

(1) The practice of anyAny fraud or deceit in obtaining a	768
certificate of registration or a certificate of authorization;	769

(2) Any gross negligence, incompetency, or misconduct in the	770
practice of professional engineering or professional surveying as	771
a registered professional engineer or registered professional	772
surveyor;	773

(3) Aiding or abetting any person to practice professional	774
engineering or professional surveying illegally in the state;	775

(4) AnyConviction of or plea of guilty to any felony or	776
crime involving moral turpitude;	777

(5) Violation of the code of ethicsthis chapter or any rule	778
adopted by the state board of registration for professional	779
engineers and professional surveyors;	780

(6) Violation of any condition of limitation placed by the	781
board upon a certificate ofthe registration or a certificate of	782
authorizationof any professional engineer or professional	783
surveyor;	784

(7) Failure to abide by or comply with examination	785
instructions.	786

(B) The board shall cause to have prepared and shall adopt a	787
code of ethics, which it shall be mademake known to every	788
registrant. The board may revise and amend this code of ethics	789
from time to time and shall notify each registrant, in writing, of	790
such revisions or amendmentsin accordance with Chapter 119. of	791
the Revised Code.	792

(C) Any person may prefer charges offile with the board a	793
complaint alleging fraud, deceit, gross negligence, incompetency,	794
misconduct, or violation of the code of ethics against any	795
registrant holding a certificate of registration or against any	796
corporation, firm, partnership, or association holding a	797
certificate of authorization. Such chargesthis chapter or any	798
rule adopted by the board pursuant to section 4733.07 of the	799
Revised Code. Complaints shall be in writing, and shall be sworn	800
to by the person, or persons, making them and shall be filed with	801
the secretary of the board.	802

(D) All charges shall be investigated and reviewed by the	803
board within three months after the date on which they have been	804
preferred, after which all charges, unless dismissed by the board	805
as unfounded or trivial, shall be heard by the board at a hearing	806
which shall be in accordance with Chapter 119. of the Revised Code	807
The board may investigate any registrant or holder of a	808
certificate of authorization to determine whether the registrant	809
or certificate holder is or has been engaged in any one or more of	810
the acts or practices listed in division (A) of this section. The	811
board, by subpoena, may compel witnesses to appear and testify in	812
relation to any investigation under this chapter and may require,	813
by subpoena duces tecum, the production and copying of any book,	814
paper, or document pertaining to an investigation. If a person	815
fails to comply with the subpoena or subpoena duces tecum, the	816
board may apply to the Franklin county court of common pleas for	817
an order compelling the person to comply or, for the failure to do	818
so, to be held in contempt of court.	819

(E) The time and place for such hearing shall be fixed by the	820
board and a copy of the charges, together with a notice of the	821
time and place of the hearing, shall be personally served upon the	822
individual registrant or the agent as provided for in section	823
1701.07 of the Revised Code of a corporation holding a certificate	824
of authorization, or mailed to the last known address of such	825
individual registrant or any firm, partnership, or association	826
holding a certificate of authorization. At any hearing the	827
accused registrant or holder of a certificate of authorization	828
shall have the right to appear in person or by counsel, or both,	829
to cross-examine witnesses in his or its defense, and to produce	830
evidence and witnesses in his or its own defenseIf the board	831
determines there is cause to believe that an applicant,	832
registrant, or a holder of a certificate of authorization is or	833
has been engaged in any act or practice listed in division (A) of	834
this section, the board shall issue a written charge and notify	835
the applicant, registrant, or certificate holder of the right to	836
an adjudication hearing, in accordance with Chapter 119. of the	837
Revised Code. If the accused applicant, registrant, or holder of	838
a certificate of authorization fails or refuses to appear, or does	839
not request a hearing within the time period specified in Chapter	840
119. of the Revised Code, the board may proceed to hear and	841
determine the validity of the chargescharge and issue an	842
adjudication order in accordance with Chapter 119. of the Revised	843
Code.	844

(F) If, after such hearing, a majority of the board votes in	845
favor of sustaining the chargescharge, the board shall reprimand	846
impose one or any combination of the following disciplinary	847
measures:	848

(1)Reprimanding the individual or suspend, refuse;

849

(2)Imposing a fine on the individual of not more than one	850
thousand dollars for each offense committed by the individual;	851

(3)Refusing to renew, suspending, or revoke his certificate	852
ofrevoking the individual's registration, or revoking the	853
holder's certificate of authorization;	854

(4)Refusing to allow an applicant to take an examination;

855

(5)Refusing to score an applicant's examination.

856

The board, for reasons it considers sufficientgood cause	857
shown, may reissue a certificate of registration toreregister any	858
person or reissue a certificate of authorization to any	859
corporation, firm, partnership, or association,or limited	860
liability company whose registration or certificate has been	861
revoked or suspended.	862

(G) Any individual registrant having a certificate of	863
registration, or a corporation, firm, partnership, or association	864
having a certificate of authorization,applicant, registrant, or	865
certificate holder aggrieved by any action of the board in fining	866
the registrant or denying, suspending, refusing to renew, or	867
revoking his certificate ofthe registrant's registration or itsa	868
certificate of authorization, or denying an applicant the	869
opportunity to take an examination or to have an examination	870
scored may appeal such action to the proper court under section	871
119.12 of the Revised Code.	872

(H) A new certificate of registration, or certificate of	873
authorization to replace any certificate revoked, lost, destroyed,	874
or mutilated, may be issued, subject to the rules of the board,	875
andupon payment of a fee established by the board at an amount	876
adequate to cover the expense of issuing a duplicate certificate	877
of registrationauthorization.	878

Sec. 4733.22.  No person shall practice, or offer to	879
practice, the profession of engineering or the profession of	880
surveying without being registered or exempted in accordance with	881
sections 4733.01 to 4733.23 of the Revised Codethis chapter, or	882
present or attempt to use as histhe person's own the certificate	883
of registration, the certificate of authorization, or the seal of	884
another, or give any false or forged evidence of any kind to the	885
state board of registration for professional engineers and	886
surveyors or to any member thereof in obtaining a certificate of	887
registration or a certificate of authorization, or falsely	888
impersonate any other registrant or holder of a certificate of	889
authorization of like or different name, or attempt to use an	890
expired,suspended, or revoked certificate of registration or	891
certificate of authorization, or otherwise violate such sections	892
this chapter.	893

Sec. 4733.23. All officers of the law of this state, or of	894
any political subdivision thereofExcept as otherwise provided in	895
divisions (B), (C), and (D) of section 4733.18 of the Revised	896
Code, no public authority, as defined in division (A) of section	897
153.65 of the Revised Code, shall enforce sections 4733.01 to	898
4733.22, inclusive, of the Revised Code, and prosecuteaccept or	899
use any engineering or surveying plan prepared by any persons	900
violating sameperson not registered as a professional engineer or	901
professional surveyor under this chapter. The state board of	902
registration for professional engineers and surveyors is hereby	903
authorized to apply for relief by injunction or restraining order	904
to enjoin or restrain a person from the commission of any act	905
which is prohibited by sections 4733.01 to 4733.22, inclusive, of	906
the Revised Codethis chapter. The remedy provided by this	907
section shall be in addition to any other remedy provided by law.	908
The attorney general or histhe attorney general's designated	909
assistant shall act as legal adviser of the board and render such	910
legal assistance as may be necessary.	911

Sec. 4733.27.  On receipt of a notice pursuant to section	912
3123.43 of the Revised Code, the state board of registration for	913
engineers and surveyors shall comply with sections 3123.41 to	914
3123.50 of the Revised Code and any applicable rules adopted under	915
section 3123.63 of the Revised Code with respect to a certificate	916
registration and certificates of authorization issued pursuant to	917
this chapter.	918

Section 2.  That existing sections 4703.32, 4733.01, 4733.02,	919
4733.021, 4733.03, 4733.06, 4733.07, 4733.08, 4733.09, 4733.11,	920
4733.12, 4733.13, 4733.14, 4733.15, 4733.18, 4733.19, 4733.20,	921
4733.22, 4733.23, and 4733.27 and section 4733.24 of the Revised	922
Code are hereby repealed.	923